THOMAS v. BRODSACK

No. 56161.

215 N.W.2d 503 (1974)

Ernest THOMAS et al., Appellees, v. Robert L. BRODSACK and Fonda Brodsack, Appellants.

Supreme Court of Iowa.

February 20, 1974.


Attorney(s) appearing for the Case

Spayde & Rielly, Oskaloosa, for appellants.

McCoy & Faulkner, Oskaloosa, for appellees.

Heard by MOORE, C. J., and RAWLINGS, REYNOLDSON, HARRIS and McCORMICK, JJ.


McCORMICK, Justice.

Defendants appeal judgment for possession entered for plaintiffs in a forcible entry and detainer action under chapter 648, The Code. The case was tried in equity. § 648.5, The Code. Our review is de novo. We reverse.

Plaintiffs are record titleholders of about 30 acres of land on the Des Moines River in Mahaska County. Defendants own a cabin located on less than one acre of plaintiffs'...

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